Being involved in a car accident is stressful enough. This stress can be added upon when the accident involves a party whose immigration status is undocumented or otherwise unlawful, whether that person is bringing a claim or being sued. Drivers often question whether an individual’s immigration status affects liability, insurance coverage, or the ability to pursue or defend a lawsuit.

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Car Accidents Are Civil Matters, Not Immigration Cases

In Connecticut, car accident claims are handled entirely within the civil legal system. These cases are governed by personal injury law and focus on negligence, liability, and damages. The main issues that courts focus on are who caused the accident, how it happened, and what harm resulted. Courts and insurance companies evaluate evidence such as police reports, witness statements, medical records, and repair estimates. Immigration status plays no role in this analysis.

For a broader overview of the claims process, see: Connecticut Car Accidents.

Immigration Status Evidence Is Generally Inadmissible

Connecticut courts generally prohibit questions about immigration status in routine car accident cases. Judges recognize that bringing up immigration status has little to do with how an accident occurred and creates a serious risk of bias and unfair prejudice. Allowing immigration questions would discourage injured people from seeking medical care or pursuing valid claims.

What This Means If You Are Undocumented

If you are undocumented and injured in a car accident in Connecticut, you can pursue a claim for injuries and losses such as:

• Medical bills and treatment
• Pain and suffering
• Other accident-related damages recognized under Connecticut law

What This Means If the Other Driver Is Undocumented

If you are involved in an accident with an undocumented driver, the case will still be decided based on evidence, negligence, and damages, not immigration status.

Practically, the key issue is often insurance:

• Is there an active policy covering the driver or the vehicle?
• Do you have Uninsured / Underinsured Motorist (UM/UIM) coverage that applies?

Learn more here: Uninsured & Underinsured Motorist Coverage in Connecticut.

Notes

Jimenez v. Brooks
For example, in Jimenez v. Brooks (Conn. Super. Ct. Mar. 15, 2016), the court granted a protective order preventing defendants from questioning a plaintiff about immigration status during a deposition concerning a motor vehicle accident, finding that such questioning "transformed a deposition concerning a motor vehicle accident into an immigration status interrogation to unreasonably annoy, embarrass, oppress, intimidate and/or harass the plaintiff."
The court concluded that "the chilling and prejudicial effect on the plaintiff's constitutional right to bring a personal injury claim, regardless of his immigration status, far outweighs any limited relevance."

De Lantigua v. Shaw
Similarly, in De Lantigua v. Shaw (Conn. Super. Ct.) case, involving a collision between two vehicles at an intersection, the court excluded evidence concerning plaintiff's immigration status, noting that "immigration status is a controversial topic in the current political climate and evidence that plaintiff is an illegal immigrant may subject the plaintiff to bias and prejudice that would appear to far outweigh the marginal relevance of such issue."
The court emphasized that injecting immigration status into the case may implicate "both state and federal constitutional concerns" because it burdens the immigrant's rights to open access to courts.

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Frequently Asked Questions

Can an undocumented person file a car accident claim in Connecticut?

• In many cases, yes. Connecticut car accident claims are civil matters decided primarily by fault and damages.

Can the defense ask about immigration status in a deposition?

• Courts often limit this in routine auto cases, particularly where it appears intended to harass or create bias rather than address the collision.

Does immigration status affect fault?

• No. Fault depends on driving conduct and evidence, not immigration status.

Does immigration status affect insurance coverage?

• Coverage typically depends on the policy terms and facts of the crash who is insured, which vehicle, what coverages apply. Immigration status is not usually the deciding factor.